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I have submitted my 2019 tax return (Married Filing Jointly) in Feb 2020 in a Tax Assistance Center along with ITIN application and  tried to submit the declaration to treat spouse as Resident Alien. But the officer in the TAC said the document is not required. My 2019 tax filing is still not processed. ITIN was approved. 

 

Now I am not really sure if both of us are considered as US Residents for 2019 tax year as we did not submit the declaration in the TAC center while submitting the Tax return and ITIN application. 

 

What is the best course of action to do now?

1.Wait for the 2019 return to be processed or 

2. Send the Declaration now  explaining the situation or 

3. File an Amended Return with the Selection